National Insurance Company Limited, Trichy v. L. Gansesan and another
2000-03-09
P.SATHASIVAM
body2000
DigiLaw.ai
JUDGMENT: Aggrieved by the award of the Motor Accidents Claims Tribunal, Trichy in M.C.O.P.No.1377 of 1996, National Insurance Company has filed the present appeal questioning the quantum of compensation arrived at by the Tribunal. 2. It is stated that the Insurance Company has obtained permission to contest the O.P., on all grounds, by filing appropriate petition before the Tribunal. In such circumstances, the appellant is permitted to dispute the compensation arrived at by the Tribunal. Since the respondents/ claimants filed a caveat through counsel, the appeal is taken up for disposal even at the time of admission. 3. Inasmuch as the appellant Insurance Company is questioning only the compensation arrived at by the Tribunal, it is unnecessary to refer the other factual aspects. In respect of death of one Chittiraiselvan in a motor vehicle accident which took place on 16.12.1995, parents have filed the said claim petition, claiming a sum of Rs.5,50,000.00 as compensation. The first claimant father of the deceased was examined on P.W.1. According to him the deceased was aged about 19 years at the time of accident. Post-mortem certificate has been marked as Ex.P-2. The school transfer certificate of the deceased has been marked as Ex.P-6 which mentions the date of birth of the deceased as 6.9.1977. Accordingly, the Court below determined the age of the deceased as 18 at the time of accident. P.W.1 also deposed that his son was earning Rs.3,000.00 by lending milk vending business. Apart from the oral evidence of P.W.1 that his son was doing milk vending business, Exs.P-7 and P-8 were marked to prove the above fact. Those docuemnts show that the deceased was doing milk vending business. After accepting the evidence let in on the side of the claimants, the Tribunal came to the conclusion that the deceased would contribute at least Rs.2,000.00 per month to his parents and in that way applied 16 years multiplier and arrived a figure of Rs.3,84,000.00. After adding sum of Rs.10,000.00 towards loss of love and affection, the Court below has passed an award for Rs.3,94,000.00 with interest at the rate of 12 per cent per annum from the date of the claim petition. 4. Mr.K.S.Narasimhan, learned counsel appearing for the appellant would contend that, taking note of the age of the parents viz., 47 and 43 respectively, 16 years multiplier applied by the Tribunal is on the higher side.
4. Mr.K.S.Narasimhan, learned counsel appearing for the appellant would contend that, taking note of the age of the parents viz., 47 and 43 respectively, 16 years multiplier applied by the Tribunal is on the higher side. It is not disputed that on the date of filing of the claim petition the father of the deceased was aged about 47 years and mother was aged about 43. As per school transfer certificate - Ex.P-6 the deceased was aged about 18 years. It is settled law that while considering the proper multiplier, it is, but proper to take note of the age of the parents. Considering the age of the deceased as well as the parents, though the learned counsel for the appellant would state that 13 years multiplier would be proper and reasonable, I am of the view that proper multiplier would be 14. In this regard it is also relevant to point out that the deceased was doing milk vending business along with the father - first claimant. In such circumstance, even after the death of his son it would be possible for the first claimant to continue the milk vending business. 5. Taking note of all the above aspects, I am of the view that interest of justice would be met by applying 14 years multiplier while determining pecuniary loss to the claimants. Accordingly, I fix the pecuniary lose to the family at Rs.3,36,000.00. The Court below is right in adding another sum of Rs.10,000.00 towards loss of love and affection. No doubt, the learned counsel appearing for the respondents would state that no amount has been awarded for funeral expenses and for pain and suffering of the deceased and to the mental agony of the parents. Admittedly, the deceased died on the very same day. Hence, there is no need to award any separate amount for pain and suffering or mental agony as claimed. Though the claimants are entitled to a sum of Rs.3,46,000.00, in view of the fact that no amount has been awarded for funeral expenses, the said amount is rounded off to Rs.3,50,000.00. 6. Net result, the award of the Tribunal is modified and there shall be an award for Rs.3,50,000.00 with interest at the rate of 12 per cent per annum from the date of the claim petition till the amount is being deposited. The appeal is allowed to the extent mentioned above.
6. Net result, the award of the Tribunal is modified and there shall be an award for Rs.3,50,000.00 with interest at the rate of 12 per cent per annum from the date of the claim petition till the amount is being deposited. The appeal is allowed to the extent mentioned above. No costs. Consequently, connected C.M.P., is closed. 7. The appellant/ Insurance Company is directed to deposit the entire award amount as stated above including interest and costs less the amount already deposited within a period of eight weeks from the date of receipt of a copy of this order.